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Senate File 525 - IntroducedA Bill ForAn Act 1relating to criminal law including the disclosure
2of a defendant’s privileged records, no-contact orders,
3commencement limitations for certain sexual offenses,
4sexually predatory offenses, victim rights, discovery,
5postconviction relief actions, criminal appeals, and
6pretrial bond amounts for certain felonies.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2023, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) As used in this subsection,
7“exculpatory information” means only information that tends to
8negate the guilt of the defendant and not information that is
9merely impeaching or substantially cumulative.
10DIVISION II
11NO-CONTACT ORDERS
12 Sec. 2. Section 664A.8, Code 2023, is amended to read as
13follows:
14664A.8 Extension of no-contact order.
15Upon the filing of an application by the state or by the
16victim of any public offense referred to in section 664A.2,
17subsection 1 which is filed within ninety days prior to the
18expiration of a modified no-contact order, the The court shall
19modify and extend the no-contact order upon the expiration of
20the no-contact order for an additional period of five years,
21unless, upon the filing of an application by the defendant
22within ninety days prior to the expiration of a modified
23no-contact order, the court finds that the defendant no longer
24poses a threat to the safety of the victim, persons residing
25with the victim, or members of the victim’s family. The number
26of modifications extending the no-contact order permitted
27by this section is not limited. If the defendant files an
28application to modify or terminate a no-contact order, the
29court shall notify the victim at the victim’s last-known
30address and afford the victim a reasonable opportunity to be
31heard.
32DIVISION III
33LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL
34OFFENSES
35 Sec. 3. Section 802.2B, Code 2023, is amended by adding the
-1-1following new subsections:
2 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
3violation of section 709.23.
4 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
5person kidnapped, and as a consequence of the kidnapping, is
6intentionally subjected to sexual abuse in violation of section
7710.2.
8 NEW SUBSECTION. 5C. Burglary in the first degree in
9violation of section 713.3, subsection 1, paragraph “d”.
10 Sec. 4. Section 802.2C, Code 2023, is amended to read as
11follows:
12802.2C Kidnapping.
13An information or indictment for kidnapping in the first,
14second, or third degree, except as provided in section 802.2B,
15 committed on or with a person who is under the age of eighteen
16years shall be found within ten years after the person upon
17whom the offense is committed attains eighteen years of age,
18or if the person against whom the information or indictment
19is sought is identified through the use of a DNA profile, an
20information or indictment shall be found within three years
21from the date the person is identified by the person’s DNA
22profile, whichever is later.
23DIVISION IV
24SEXUALLY PREDATORY OFFENSES
25 Sec. 5. Section 901A.1, subsection 1, paragraph c, Code
262023, is amended to read as follows:
27c. Enticing a minor in violation of section 710.10,
28subsection 1 or 2.
29DIVISION V
30VICTIM RIGHTS
31 Sec. 6. Section 915.11, subsection 1, Code 2023, is amended
32to read as follows:
331. a. A local police department or county sheriff’s
34department shall advise a victim of the right to
35register with the county attorney, and shall provide a
-2-1request-for-registration form to each victim. A local police
2department or county sheriff’s department shall provide a
3telephone number and internet site to each victim to register
4with the automated victim notification system established
5pursuant to section 915.10A.
6b. A local police department or county sheriff’s department
7shall provide a victim with a pamphlet explaining the victim’s
8rights as a victim of a public offense or delinquent act.
9 Sec. 7. Section 915.38, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3A. a. It is the public policy of this
12state that statements made by children to forensic interviewers
13at child advocacy centers and child protection centers are
14presumptively reliable and should be admitted into evidence in
15the courts.
16b. Notwithstanding any other provision of law, the court may
17upon motion of a party admit a recorded statement of a child,
18as defined in section 702.5, if all of the following apply:
19(1) The recorded statement describes conduct that violates
20chapter 709.
21(2) The recorded statement was obtained by a forensic
22interviewer employed by a child advocacy center or child
23protection center.
24(3) The interview was conducted substantially in accordance
25with a nationally recognized protocol for interviewing
26children.
27(4) The recorded statement is offered in a criminal
28proceeding and any of the following apply:
29(a) The child testifies at trial.
30(b) The child has been questioned by the defendant or the
31defendant’s attorney at a deposition or any substantially
32similar setting.
33(c) The child is unavailable as a witness as provided in
34rule of evidence 5.804(a).
35(d) The court finds by a preponderance of the evidence that
-3-1the child would suffer significant emotional or psychological
2trauma from testifying in the personal presence of the
3defendant at the time of the criminal proceeding.
4c. A court may deny the admission of a recorded statement
5under this subsection only if the party opposing the admission
6proves by clear and convincing evidence that the recorded
7statement is unreliable.
8d. Portions of a recorded statement admitted pursuant
9to this subsection may be redacted under the following
10circumstances:
11(1) By agreement of the parties.
12(2) By order of the court, if the court finds by a
13preponderance of the evidence that redaction is necessary to
14either:
15(a) Minimize embarrassment or trauma to the child.
16(b) Effectuate a provision of the rules of evidence other
17than the rules of evidence against hearsay.
18DIVISION VI
19DISCOVERY
20 Sec. 8. NEW SECTION. 813A.1 Discovery depositions in
21criminal actions — witness list.
221. Discovery depositions shall not be permitted in any
23criminal action except upon application to the court and a
24showing of exceptional circumstances.
252. A criminal defendant shall file a written list of the
26names and addresses of all witnesses expected to be called for
27the defense at the time the defendant requests or receives
28discretionary discovery from the state, the date when any
29approved deposition is taken, or ten days prior to trial,
30whichever date is earliest. If the defendant does not disclose
31to the prosecuting attorney all of the defense witnesses, the
32court shall order the exclusion of the testimony of any such
33witnesses, absent good cause shown.
343. A person who is not yet a party to a criminal action
35shall not be permitted to file an application with the court to
-4-1depose another person until such time as the person is charged
2with or indicted for the associated criminal offense.
3DIVISION VII
4POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE
5 Sec. 9. Section 822.7, Code 2023, is amended to read as
6follows:
7822.7 Court to hear application.
8The application shall be heard in, and before any judge
9of the court in which the conviction or sentence took place.
10However, if the applicant is seeking relief under section
11822.2, subsection 1, paragraph “f”, the application shall be
12heard in, and before any judge of the court of the county
13in which the applicant is being confined. A record of the
14proceedings shall be made and preserved. All rules and
15statutes applicable in civil proceedings including pretrial
16and discovery procedures are available to the parties, subject
17to the restrictions contained in section 822.7A. The court
18may receive proof of affidavits, depositions, oral testimony,
19or other evidence, and may order the applicant brought before
20it for the hearing. If the court finds in favor of the
21applicant, it shall enter an appropriate order with respect to
22the conviction or sentence in the former proceedings, and any
23supplementary orders as to rearraignment, retrial, custody,
24bail, discharge, correction of sentence, or other matters that
25may be necessary and proper. The court shall make specific
26findings of fact, and state expressly its conclusions of law,
27relating to each issue presented. This order is a final
28judgment.
29 Sec. 10. NEW SECTION. 822.7A Postconviction relief —
30discovery.
31This chapter is intended to provide a limited scope of
32discovery that is no broader than what is afforded to a
33defendant in a criminal action. Notwithstanding any other
34statute, rule, or law, the following limitations on discovery
35and procedure shall apply to a claim for postconviction relief
-5-1under this chapter:
21. An applicant may conduct discovery only by order of the
3court to be granted upon a showing that the information sought
4is reasonably calculated to lead to the discovery of admissible
5evidence to support or defeat a claim that is adequately
6pled in the application and, if taken as true, constitutes a
7colorable claim for relief.
82. An applicant shall not be permitted to depose or
9otherwise conduct discovery involving a victim, as defined in
10section 915.10, of the underlying public offense, unless the
11applicant proves all of the following by clear and convincing
12evidence:
13a. The evidence is necessary to prove the applicant is
14innocent of the underlying public offense and all lesser
15included offenses.
16b. The information is not available from any other source.
17c. Contact with a victim is minimized by limitations on
18the method of discovery including in camera review, remote
19testimony, or allowing a victim to provide a written statement
20in lieu of testimony.
213. The attorney-client privilege contained in section
22622.10 shall be absolute, except that the filing of an
23application shall waive any privilege an applicant may claim
24regarding an attorney who represented the applicant in the
25underlying criminal action or any previous postconviction
26relief action.
274. Evidence that would be excluded in a criminal action
28pursuant to rule of evidence 5.412 shall not be discoverable or
29admissible in a postconviction relief action.
305. The state shall not be required to produce copies
31of discovery previously disclosed to an applicant in the
32underlying criminal action or a previous postconviction relief
33action or which the applicant previously possessed in the
34underlying criminal action or a previous postconviction relief
35action.
-6- 16. The state shall not be required to produce any discovery
2contained in a court file accessible to the applicant.
37. The state shall not be required to produce any discovery
4that cannot lawfully be disseminated or that is otherwise
5confidential by law.
68. An applicant shall not be permitted to conduct discovery
7or seek the appointment of an expert witness through ex parte
8communication or an in camera review.
9DIVISION VIII
10CRIMINAL APPEALS
11 Sec. 11. Section 814.6, subsection 1, paragraph a,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) A conviction where the defendant has pled guilty. This
14subparagraph does not apply to a guilty plea for a class “A”
15felony or in a case where the defendant establishes good cause.
16 Sec. 12. Section 814.6, subsection 2, Code 2023, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. g. A sentence following a guilty plea if
19the defendant can demonstrate to the appellate court, upon the
20filing of an application, that the district court more likely
21than not abused its discretion at sentencing. This paragraph
22does not apply to a plea agreement, a mandatory sentence, or
23a sentence entered pursuant to a recommendation made by the
24defendant or the defendant’s attorney.
25 Sec. 13. NEW SECTION. 814.20A No authority to reverse
26unpreserved errors.
27An appellate court shall not vacate a criminal judgment on
28direct appeal based upon errors that were not preserved at the
29district court. This limitation includes but is not limited
30to the requirement that a specific motion for judgment of
31acquittal be made to preserve a challenge to the sufficiency
32of the evidence and the requirement that a specific motion in
33arrest of judgment be made in order to challenge a guilty plea.
34DIVISION IX
35PRETRIAL BOND FOR CLASS “A” AND FORCIBLE FELONIES
-7-1 Sec. 14. NEW SECTION. 811.1B Pretrial bond amounts for
2class “A” and forcible felonies.
31. It is the policy of this state that, for certain
4violent offenses, a court setting bond must give significant
5consideration to the danger a defendant poses to another person
6or the property of another if the defendant is not detained
7pending trial. This consideration is in addition to all others
8recognized by law, including but not limited to the bond amount
9necessary to secure the defendant’s appearance.
102. a. When probable cause for an offense is found by
11the magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13support a conviction if unexplained, and after considering the
14conditions for release as provided in section 811.2, subsection
152, and making a finding on the record, the following shall be
16presumed to be the minimum pretrial bond amounts for each count
17charged, notwithstanding any other provision of law:
18(1) For a class “A” felony, a five hundred thousand dollar
19bond.
20(2) For a class “B” forcible felony, a twenty-five thousand
21dollar bond.
22(3) For a class “C” forcible felony, a ten thousand dollar
23bond.
24(4) For a class “D” forcible felony, a five thousand dollar
25bond.
26b. The court shall require the execution of a bail bond
27with sufficient surety, or the deposit of cash in lieu of bond.
28However, except as provided in section 811.1, bail initially
29given remains valid until final disposition of the offense or
30entry of an order deferring judgment. If the amount of bail
31is deemed insufficient by the court before whom the offense
32is pending, the court may order an increase of bail and the
33defendant must provide the additional undertaking, written or
34in cash, to secure release.
353. The presumption contained in this section is rebuttable
-8-1only upon a showing by the defendant, by a preponderance of
2evidence, that the defendant is not a danger to another person
3or the property of another if not detained pending trial.
44. As with other bond reviews, a determination under this
5section made by a magistrate is reviewable by a district
6court judge or a district associate judge having original
7jurisdiction of the offense with which the defendant is charged
8pursuant to section 811.2, subsection 7, paragraph “a”, while a
9determination made by a district court judge is only reviewable
10by the appellate court pursuant to section 811.2, subsection
117, paragraph “b”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to criminal law including the disclosure
16of a defendant’s privileged records, no-contact orders,
17commencement limitations for certain sexual offenses, sexually
18predatory offenses, victim rights, discovery, postconviction
19relief actions, criminal appeals, and pretrial bond amounts for
20certain felonies.
21DIVISION I — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE.
22 Under current law, a practicing attorney, counselor, physician,
23surgeon, physician assistant, advanced registered nurse
24practitioner, mental health professional, or the stenographer
25or confidential clerk of any such person, who obtains
26information by reason of the person’s employment, or a member
27of the clergy, shall not be allowed, in giving testimony, to
28disclose any confidential communication properly entrusted to
29the person. Except as otherwise provided, the confidentiality
30privilege shall be absolute with regard to a criminal action
31and Code section 622.10 shall not be construed to authorize or
32require the disclosure of any privileged records to a defendant
33in a criminal action unless either the privilege holder waives
34the confidentiality privilege or the defendant seeking access
35to privileged records files a motion demonstrating in good
-9-1faith a reasonable probability that the information sought is
2likely to contain exculpatory information that is not available
3from any other source and for which there is a compelling need
4for the defendant to present a defense in the case. The bill
5defines “exculpatory information” to mean only information that
6tends to negate the guilt of the defendant and not information
7that is merely impeaching or substantially cumulative.
8DIVISION II — NO-CONTACT ORDERS. Current law provides that
9upon the filing of an application by the state or by the victim
10of any public offense, the court shall modify and extend the
11no-contact order for an additional period of five years, unless
12the court finds that the defendant no longer poses a threat to
13the safety of the victim, persons residing with the victim, or
14members of the victim’s family.
15The bill provides that the court shall modify and extend the
16no-contact order upon the expiration of the no-contact order
17for an additional period of 5 years, unless, upon the filing
18of an application by the defendant within 90 days prior to the
19expiration of a modified no-contact order, the court finds
20that the defendant no longer poses a threat to the safety of
21the victim, persons residing with the victim, or members of
22the victim’s family. If the defendant files an application to
23modify or terminate a no-contact order, the court shall notify
24the victim at the victim’s last known address and afford the
25victim a reasonable opportunity to be heard.
26DIVISION III — LIMITATION OF CRIMINAL ACTIONS INVOLVING
27CERTAIN SEXUAL OFFENSES. The bill adds the following offenses
28to the list of offenses committed on or with a person under
29the age of 18 that may be commenced at any time: continuous
30sexual abuse of a child in violation of Code section 709.23;
31kidnapping in the first degree when the person kidnapped, as a
32consequence of the kidnapping, is intentionally subjected to
33sexual abuse in violation of Code section 710.2; and burglary
34in the first degree involving the performance of a sex act in
35violation of Code section 713.3(1)(d).
-10- 1DIVISION IV — SEXUALLY PREDATORY OFFENSES. The bill
2adds a violation of Code section 710.10(2) to the list of
3violations that constitute a “sexually predatory offense”.
4That subsection provides that a person commits a class “D”
5felony when, without authority and with the intent to commit an
6illegal sex act upon or sexual exploitation of a minor under
7the age of 16, the person entices or attempts to entice a
8person reasonably believed to be under the age of 16.
9DIVISION V — VICTIM RIGHTS. The bill provides that a local
10police department or county sheriff’s department shall provide
11a victim with a pamphlet explaining the victim’s rights as a
12victim of a public offense or delinquent act.
13The bill provides that it is the public policy of the state
14that statements made by children to forensic interviewers
15at child advocacy centers and child protection centers are
16presumptively reliable and should be admitted into evidence
17in the courts. Notwithstanding any other provision of law,
18a court shall admit a recorded statement into evidence upon
19motion by a party if the recorded statement is made by a child
20under the age of 14 years; the recorded statement describes
21conduct that violates Code chapter 709 (sexual abuse); the
22recorded statement was obtained by a forensic interviewer
23employed by an accredited child advocacy center or child
24protection center; the interview was conducted substantially
25in accordance with a nationally recognized protocol for
26interviewing children; and if offered in a criminal proceeding,
27the child testifies at trial, the child has been questioned by
28the defendant or the defendant’s attorney at a deposition or
29any substantially similar setting, the child is unavailable
30as a witness, or the court finds by a preponderance of the
31evidence that the child would suffer significant emotional or
32psychological trauma from testifying in the personal presence
33of the defendant at the time of the criminal proceeding.
34The bill provides that a court may deny admission of a
35recorded statement only if the party opposing admission proves
-11-1by clear and convincing evidence that the recorded statement is
2unreliable. Portions of a recorded statement may be redacted
3by agreement of the parties, by order of the court, or if the
4court finds by a preponderance of the evidence that redaction
5is necessary to either minimize embarrassment or trauma to
6the child or to effectuate a provision of the Iowa rules of
7evidence other than the rules of evidence against hearsay.
8DIVISION VI — DISCOVERY. The bill provides that discovery
9depositions shall not be permitted in any criminal action
10except upon application to the court and a showing of
11exceptional circumstances.
12The bill provides that a criminal defendant shall file
13a written list of all witnesses expected to be called for
14the defense at the time the defendant requests or receives
15discretionary discovery from the state, the date when any
16approved deposition is taken, or 10 days prior to trial,
17whichever date is earliest. If the defendant does not disclose
18to the prosecuting attorney all of the defense witnesses, the
19court shall order the exclusion of the testimony of any such
20witnesses, absent good cause shown.
21The bill provides that a person who is not yet a party to a
22criminal action shall not be permitted to file an application
23with the court to depose another person until such time as the
24person is charged with or indicted for the associated criminal
25offense.
26DIVISION VII — POSTCONVICTION RELIEF AND DISCOVERY
27PROCEDURE. The bill provides that all rules and statutes
28applicable in civil proceedings are available to the parties
29in a postconviction relief action subject to the restrictions
30contained in new Code section 822.7A. New Code section
31822.7A provides that Code chapter 822 (postconviction relief
32procedure) is intended to provide a limited scope of discovery
33that is no broader than what is afforded to a defendant in a
34criminal action. The following limitations on discovery and
35procedure shall apply to any postconviction relief action under
-12-1Code chapter 822: an applicant may conduct discovery only
2by order of the court to be granted upon a showing that the
3information sought is reasonably calculated to lead to the
4discovery of admissible evidence to support or defeat a claim
5that is adequately pled in the application and, if taken as
6true, makes a colorable claim for relief; an applicant shall
7not be permitted to depose or otherwise conduct discovery
8involving a victim unless the applicant proves that the
9evidence is necessary to prove the applicant is innocent of the
10underlying public offense and all lesser included offenses,
11the information is not available from any other source, and
12contact with a victim is minimized by limitations on the
13method of discovery; the attorney-client privilege shall be
14absolute, except that the filing of an application waives any
15privilege the applicant may claim regarding an attorney who
16represented the applicant in the underlying criminal action
17or any previous postconviction relief action; evidence that
18would be excluded in a criminal action pursuant to Iowa rule
19of evidence 5.412 shall not be discoverable or admissible in a
20postconviction relief action; the state shall not be required
21to produce copies of discovery that was previously disclosed to
22an applicant in the underlying criminal action or a previous
23postconviction relief action or which was possessed by the
24applicant in the underlying criminal action or a previous
25postconviction relief action; the state shall not be required
26to produce any discovery contained in a court file accessible
27to the applicant; the state shall not be required to produce
28any discovery that cannot lawfully be disseminated or that is
29otherwise made confidential by law; and an applicant shall not
30be permitted to conduct discovery or seek the appointment of
31an expert witness through ex parte communication or in camera
32review.
33DIVISION VIII — CRIMINAL APPEALS. The bill provides
34that discretionary review for an appeal may be available
35for a sentence following a guilty plea if the defendant can
-13-1demonstrate to the appellate court that the district court more
2likely than not abused its discretion at sentencing, but does
3not apply in cases of a plea agreement, a mandatory sentence,
4or a sentence entered pursuant to a recommendation made by the
5defendant or the defendant’s attorney.
6The bill provides that an appellate court shall not vacate a
7criminal judgment on direct appeal based upon errors that were
8not preserved at the district court. This limitation includes
9but is not limited to the requirement that a specific motion
10for judgment of acquittal be made to preserve a challenge
11to the sufficiency of the evidence and the requirement that
12a specific motion in arrest of judgment be made in order to
13challenge a guilty plea.
14DIVISION IX — PRETRIAL BOND FOR CLASS “A” AND FORCIBLE
15FELONIES. The bill provides that for certain violent offenses,
16a court setting bond must give significant consideration
17to the danger a defendant poses to another person or the
18property of another if the defendant is not detained pending
19trial. When probable cause for an offense has been found
20by a magistrate, or the district court has found the minutes
21supporting an indictment or information to be sufficient, and
22after considering conditions for release under Code section
23811.2 (bail and bail restrictions) and making a finding on
24the record, the following shall be presumed to be the minimum
25pretrial bond amounts for each count charged notwithstanding
26any other provision of law: for a class “A” felony, a $500,000
27bond; for a class “B” forcible felony, a $25,000 bond; for a
28class “C” forcible felony, a $10,000 bond; and for a class “D”
29forcible felony, a $5,000 bond.
30The bill provides that the court shall require the execution
31of a bail bond with sufficient surety or the deposit of cash in
32lieu of bond.
-14-as/rh
2of a defendant’s privileged records, no-contact orders,
3commencement limitations for certain sexual offenses,
4sexually predatory offenses, victim rights, discovery,
5postconviction relief actions, criminal appeals, and
6pretrial bond amounts for certain felonies.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2023, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) As used in this subsection,
7“exculpatory information” means only information that tends to
8negate the guilt of the defendant and not information that is
9merely impeaching or substantially cumulative.
10DIVISION II
11NO-CONTACT ORDERS
12 Sec. 2. Section 664A.8, Code 2023, is amended to read as
13follows:
14664A.8 Extension of no-contact order.
15Upon the filing of an application by the state or by the
16victim of any public offense referred to in section 664A.2,
17subsection 1 which is filed within ninety days prior to the
18expiration of a modified no-contact order, the The court shall
19modify and extend the no-contact order upon the expiration of
20the no-contact order for an additional period of five years,
21unless, upon the filing of an application by the defendant
22within ninety days prior to the expiration of a modified
23no-contact order, the court finds that the defendant no longer
24poses a threat to the safety of the victim, persons residing
25with the victim, or members of the victim’s family. The number
26of modifications extending the no-contact order permitted
27by this section is not limited. If the defendant files an
28application to modify or terminate a no-contact order, the
29court shall notify the victim at the victim’s last-known
30address and afford the victim a reasonable opportunity to be
31heard.
32DIVISION III
33LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL
34OFFENSES
35 Sec. 3. Section 802.2B, Code 2023, is amended by adding the
-1-1following new subsections:
2 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
3violation of section 709.23.
4 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
5person kidnapped, and as a consequence of the kidnapping, is
6intentionally subjected to sexual abuse in violation of section
7710.2.
8 NEW SUBSECTION. 5C. Burglary in the first degree in
9violation of section 713.3, subsection 1, paragraph “d”.
10 Sec. 4. Section 802.2C, Code 2023, is amended to read as
11follows:
12802.2C Kidnapping.
13An information or indictment for kidnapping in the first,
14second, or third degree, except as provided in section 802.2B,
15 committed on or with a person who is under the age of eighteen
16years shall be found within ten years after the person upon
17whom the offense is committed attains eighteen years of age,
18or if the person against whom the information or indictment
19is sought is identified through the use of a DNA profile, an
20information or indictment shall be found within three years
21from the date the person is identified by the person’s DNA
22profile, whichever is later.
23DIVISION IV
24SEXUALLY PREDATORY OFFENSES
25 Sec. 5. Section 901A.1, subsection 1, paragraph c, Code
262023, is amended to read as follows:
27c. Enticing a minor in violation of section 710.10,
28subsection 1 or 2.
29DIVISION V
30VICTIM RIGHTS
31 Sec. 6. Section 915.11, subsection 1, Code 2023, is amended
32to read as follows:
331. a. A local police department or county sheriff’s
34department shall advise a victim of the right to
35register with the county attorney, and shall provide a
-2-1request-for-registration form to each victim. A local police
2department or county sheriff’s department shall provide a
3telephone number and internet site to each victim to register
4with the automated victim notification system established
5pursuant to section 915.10A.
6b. A local police department or county sheriff’s department
7shall provide a victim with a pamphlet explaining the victim’s
8rights as a victim of a public offense or delinquent act.
9 Sec. 7. Section 915.38, Code 2023, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 3A. a. It is the public policy of this
12state that statements made by children to forensic interviewers
13at child advocacy centers and child protection centers are
14presumptively reliable and should be admitted into evidence in
15the courts.
16b. Notwithstanding any other provision of law, the court may
17upon motion of a party admit a recorded statement of a child,
18as defined in section 702.5, if all of the following apply:
19(1) The recorded statement describes conduct that violates
20chapter 709.
21(2) The recorded statement was obtained by a forensic
22interviewer employed by a child advocacy center or child
23protection center.
24(3) The interview was conducted substantially in accordance
25with a nationally recognized protocol for interviewing
26children.
27(4) The recorded statement is offered in a criminal
28proceeding and any of the following apply:
29(a) The child testifies at trial.
30(b) The child has been questioned by the defendant or the
31defendant’s attorney at a deposition or any substantially
32similar setting.
33(c) The child is unavailable as a witness as provided in
34rule of evidence 5.804(a).
35(d) The court finds by a preponderance of the evidence that
-3-1the child would suffer significant emotional or psychological
2trauma from testifying in the personal presence of the
3defendant at the time of the criminal proceeding.
4c. A court may deny the admission of a recorded statement
5under this subsection only if the party opposing the admission
6proves by clear and convincing evidence that the recorded
7statement is unreliable.
8d. Portions of a recorded statement admitted pursuant
9to this subsection may be redacted under the following
10circumstances:
11(1) By agreement of the parties.
12(2) By order of the court, if the court finds by a
13preponderance of the evidence that redaction is necessary to
14either:
15(a) Minimize embarrassment or trauma to the child.
16(b) Effectuate a provision of the rules of evidence other
17than the rules of evidence against hearsay.
18DIVISION VI
19DISCOVERY
20 Sec. 8. NEW SECTION. 813A.1 Discovery depositions in
21criminal actions — witness list.
221. Discovery depositions shall not be permitted in any
23criminal action except upon application to the court and a
24showing of exceptional circumstances.
252. A criminal defendant shall file a written list of the
26names and addresses of all witnesses expected to be called for
27the defense at the time the defendant requests or receives
28discretionary discovery from the state, the date when any
29approved deposition is taken, or ten days prior to trial,
30whichever date is earliest. If the defendant does not disclose
31to the prosecuting attorney all of the defense witnesses, the
32court shall order the exclusion of the testimony of any such
33witnesses, absent good cause shown.
343. A person who is not yet a party to a criminal action
35shall not be permitted to file an application with the court to
-4-1depose another person until such time as the person is charged
2with or indicted for the associated criminal offense.
3DIVISION VII
4POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE
5 Sec. 9. Section 822.7, Code 2023, is amended to read as
6follows:
7822.7 Court to hear application.
8The application shall be heard in, and before any judge
9of the court in which the conviction or sentence took place.
10However, if the applicant is seeking relief under section
11822.2, subsection 1, paragraph “f”, the application shall be
12heard in, and before any judge of the court of the county
13in which the applicant is being confined. A record of the
14proceedings shall be made and preserved. All rules and
15statutes applicable in civil proceedings including pretrial
16and discovery procedures are available to the parties, subject
17to the restrictions contained in section 822.7A. The court
18may receive proof of affidavits, depositions, oral testimony,
19or other evidence, and may order the applicant brought before
20it for the hearing. If the court finds in favor of the
21applicant, it shall enter an appropriate order with respect to
22the conviction or sentence in the former proceedings, and any
23supplementary orders as to rearraignment, retrial, custody,
24bail, discharge, correction of sentence, or other matters that
25may be necessary and proper. The court shall make specific
26findings of fact, and state expressly its conclusions of law,
27relating to each issue presented. This order is a final
28judgment.
29 Sec. 10. NEW SECTION. 822.7A Postconviction relief —
30discovery.
31This chapter is intended to provide a limited scope of
32discovery that is no broader than what is afforded to a
33defendant in a criminal action. Notwithstanding any other
34statute, rule, or law, the following limitations on discovery
35and procedure shall apply to a claim for postconviction relief
-5-1under this chapter:
21. An applicant may conduct discovery only by order of the
3court to be granted upon a showing that the information sought
4is reasonably calculated to lead to the discovery of admissible
5evidence to support or defeat a claim that is adequately
6pled in the application and, if taken as true, constitutes a
7colorable claim for relief.
82. An applicant shall not be permitted to depose or
9otherwise conduct discovery involving a victim, as defined in
10section 915.10, of the underlying public offense, unless the
11applicant proves all of the following by clear and convincing
12evidence:
13a. The evidence is necessary to prove the applicant is
14innocent of the underlying public offense and all lesser
15included offenses.
16b. The information is not available from any other source.
17c. Contact with a victim is minimized by limitations on
18the method of discovery including in camera review, remote
19testimony, or allowing a victim to provide a written statement
20in lieu of testimony.
213. The attorney-client privilege contained in section
22622.10 shall be absolute, except that the filing of an
23application shall waive any privilege an applicant may claim
24regarding an attorney who represented the applicant in the
25underlying criminal action or any previous postconviction
26relief action.
274. Evidence that would be excluded in a criminal action
28pursuant to rule of evidence 5.412 shall not be discoverable or
29admissible in a postconviction relief action.
305. The state shall not be required to produce copies
31of discovery previously disclosed to an applicant in the
32underlying criminal action or a previous postconviction relief
33action or which the applicant previously possessed in the
34underlying criminal action or a previous postconviction relief
35action.
-6- 16. The state shall not be required to produce any discovery
2contained in a court file accessible to the applicant.
37. The state shall not be required to produce any discovery
4that cannot lawfully be disseminated or that is otherwise
5confidential by law.
68. An applicant shall not be permitted to conduct discovery
7or seek the appointment of an expert witness through ex parte
8communication or an in camera review.
9DIVISION VIII
10CRIMINAL APPEALS
11 Sec. 11. Section 814.6, subsection 1, paragraph a,
12subparagraph (3), Code 2023, is amended to read as follows:
13(3) A conviction where the defendant has pled guilty. This
14subparagraph does not apply to a guilty plea for a class “A”
15felony or in a case where the defendant establishes good cause.
16 Sec. 12. Section 814.6, subsection 2, Code 2023, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. g. A sentence following a guilty plea if
19the defendant can demonstrate to the appellate court, upon the
20filing of an application, that the district court more likely
21than not abused its discretion at sentencing. This paragraph
22does not apply to a plea agreement, a mandatory sentence, or
23a sentence entered pursuant to a recommendation made by the
24defendant or the defendant’s attorney.
25 Sec. 13. NEW SECTION. 814.20A No authority to reverse
26unpreserved errors.
27An appellate court shall not vacate a criminal judgment on
28direct appeal based upon errors that were not preserved at the
29district court. This limitation includes but is not limited
30to the requirement that a specific motion for judgment of
31acquittal be made to preserve a challenge to the sufficiency
32of the evidence and the requirement that a specific motion in
33arrest of judgment be made in order to challenge a guilty plea.
34DIVISION IX
35PRETRIAL BOND FOR CLASS “A” AND FORCIBLE FELONIES
-7-1 Sec. 14. NEW SECTION. 811.1B Pretrial bond amounts for
2class “A” and forcible felonies.
31. It is the policy of this state that, for certain
4violent offenses, a court setting bond must give significant
5consideration to the danger a defendant poses to another person
6or the property of another if the defendant is not detained
7pending trial. This consideration is in addition to all others
8recognized by law, including but not limited to the bond amount
9necessary to secure the defendant’s appearance.
102. a. When probable cause for an offense is found by
11the magistrate, or the district court has found the minutes
12supporting an indictment or information are sufficient to
13support a conviction if unexplained, and after considering the
14conditions for release as provided in section 811.2, subsection
152, and making a finding on the record, the following shall be
16presumed to be the minimum pretrial bond amounts for each count
17charged, notwithstanding any other provision of law:
18(1) For a class “A” felony, a five hundred thousand dollar
19bond.
20(2) For a class “B” forcible felony, a twenty-five thousand
21dollar bond.
22(3) For a class “C” forcible felony, a ten thousand dollar
23bond.
24(4) For a class “D” forcible felony, a five thousand dollar
25bond.
26b. The court shall require the execution of a bail bond
27with sufficient surety, or the deposit of cash in lieu of bond.
28However, except as provided in section 811.1, bail initially
29given remains valid until final disposition of the offense or
30entry of an order deferring judgment. If the amount of bail
31is deemed insufficient by the court before whom the offense
32is pending, the court may order an increase of bail and the
33defendant must provide the additional undertaking, written or
34in cash, to secure release.
353. The presumption contained in this section is rebuttable
-8-1only upon a showing by the defendant, by a preponderance of
2evidence, that the defendant is not a danger to another person
3or the property of another if not detained pending trial.
44. As with other bond reviews, a determination under this
5section made by a magistrate is reviewable by a district
6court judge or a district associate judge having original
7jurisdiction of the offense with which the defendant is charged
8pursuant to section 811.2, subsection 7, paragraph “a”, while a
9determination made by a district court judge is only reviewable
10by the appellate court pursuant to section 811.2, subsection
117, paragraph “b”.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to criminal law including the disclosure
16of a defendant’s privileged records, no-contact orders,
17commencement limitations for certain sexual offenses, sexually
18predatory offenses, victim rights, discovery, postconviction
19relief actions, criminal appeals, and pretrial bond amounts for
20certain felonies.
21DIVISION I — COMMUNICATIONS IN PROFESSIONAL CONFIDENCE.
22 Under current law, a practicing attorney, counselor, physician,
23surgeon, physician assistant, advanced registered nurse
24practitioner, mental health professional, or the stenographer
25or confidential clerk of any such person, who obtains
26information by reason of the person’s employment, or a member
27of the clergy, shall not be allowed, in giving testimony, to
28disclose any confidential communication properly entrusted to
29the person. Except as otherwise provided, the confidentiality
30privilege shall be absolute with regard to a criminal action
31and Code section 622.10 shall not be construed to authorize or
32require the disclosure of any privileged records to a defendant
33in a criminal action unless either the privilege holder waives
34the confidentiality privilege or the defendant seeking access
35to privileged records files a motion demonstrating in good
-9-1faith a reasonable probability that the information sought is
2likely to contain exculpatory information that is not available
3from any other source and for which there is a compelling need
4for the defendant to present a defense in the case. The bill
5defines “exculpatory information” to mean only information that
6tends to negate the guilt of the defendant and not information
7that is merely impeaching or substantially cumulative.
8DIVISION II — NO-CONTACT ORDERS. Current law provides that
9upon the filing of an application by the state or by the victim
10of any public offense, the court shall modify and extend the
11no-contact order for an additional period of five years, unless
12the court finds that the defendant no longer poses a threat to
13the safety of the victim, persons residing with the victim, or
14members of the victim’s family.
15The bill provides that the court shall modify and extend the
16no-contact order upon the expiration of the no-contact order
17for an additional period of 5 years, unless, upon the filing
18of an application by the defendant within 90 days prior to the
19expiration of a modified no-contact order, the court finds
20that the defendant no longer poses a threat to the safety of
21the victim, persons residing with the victim, or members of
22the victim’s family. If the defendant files an application to
23modify or terminate a no-contact order, the court shall notify
24the victim at the victim’s last known address and afford the
25victim a reasonable opportunity to be heard.
26DIVISION III — LIMITATION OF CRIMINAL ACTIONS INVOLVING
27CERTAIN SEXUAL OFFENSES. The bill adds the following offenses
28to the list of offenses committed on or with a person under
29the age of 18 that may be commenced at any time: continuous
30sexual abuse of a child in violation of Code section 709.23;
31kidnapping in the first degree when the person kidnapped, as a
32consequence of the kidnapping, is intentionally subjected to
33sexual abuse in violation of Code section 710.2; and burglary
34in the first degree involving the performance of a sex act in
35violation of Code section 713.3(1)(d).
-10- 1DIVISION IV — SEXUALLY PREDATORY OFFENSES. The bill
2adds a violation of Code section 710.10(2) to the list of
3violations that constitute a “sexually predatory offense”.
4That subsection provides that a person commits a class “D”
5felony when, without authority and with the intent to commit an
6illegal sex act upon or sexual exploitation of a minor under
7the age of 16, the person entices or attempts to entice a
8person reasonably believed to be under the age of 16.
9DIVISION V — VICTIM RIGHTS. The bill provides that a local
10police department or county sheriff’s department shall provide
11a victim with a pamphlet explaining the victim’s rights as a
12victim of a public offense or delinquent act.
13The bill provides that it is the public policy of the state
14that statements made by children to forensic interviewers
15at child advocacy centers and child protection centers are
16presumptively reliable and should be admitted into evidence
17in the courts. Notwithstanding any other provision of law,
18a court shall admit a recorded statement into evidence upon
19motion by a party if the recorded statement is made by a child
20under the age of 14 years; the recorded statement describes
21conduct that violates Code chapter 709 (sexual abuse); the
22recorded statement was obtained by a forensic interviewer
23employed by an accredited child advocacy center or child
24protection center; the interview was conducted substantially
25in accordance with a nationally recognized protocol for
26interviewing children; and if offered in a criminal proceeding,
27the child testifies at trial, the child has been questioned by
28the defendant or the defendant’s attorney at a deposition or
29any substantially similar setting, the child is unavailable
30as a witness, or the court finds by a preponderance of the
31evidence that the child would suffer significant emotional or
32psychological trauma from testifying in the personal presence
33of the defendant at the time of the criminal proceeding.
34The bill provides that a court may deny admission of a
35recorded statement only if the party opposing admission proves
-11-1by clear and convincing evidence that the recorded statement is
2unreliable. Portions of a recorded statement may be redacted
3by agreement of the parties, by order of the court, or if the
4court finds by a preponderance of the evidence that redaction
5is necessary to either minimize embarrassment or trauma to
6the child or to effectuate a provision of the Iowa rules of
7evidence other than the rules of evidence against hearsay.
8DIVISION VI — DISCOVERY. The bill provides that discovery
9depositions shall not be permitted in any criminal action
10except upon application to the court and a showing of
11exceptional circumstances.
12The bill provides that a criminal defendant shall file
13a written list of all witnesses expected to be called for
14the defense at the time the defendant requests or receives
15discretionary discovery from the state, the date when any
16approved deposition is taken, or 10 days prior to trial,
17whichever date is earliest. If the defendant does not disclose
18to the prosecuting attorney all of the defense witnesses, the
19court shall order the exclusion of the testimony of any such
20witnesses, absent good cause shown.
21The bill provides that a person who is not yet a party to a
22criminal action shall not be permitted to file an application
23with the court to depose another person until such time as the
24person is charged with or indicted for the associated criminal
25offense.
26DIVISION VII — POSTCONVICTION RELIEF AND DISCOVERY
27PROCEDURE. The bill provides that all rules and statutes
28applicable in civil proceedings are available to the parties
29in a postconviction relief action subject to the restrictions
30contained in new Code section 822.7A. New Code section
31822.7A provides that Code chapter 822 (postconviction relief
32procedure) is intended to provide a limited scope of discovery
33that is no broader than what is afforded to a defendant in a
34criminal action. The following limitations on discovery and
35procedure shall apply to any postconviction relief action under
-12-1Code chapter 822: an applicant may conduct discovery only
2by order of the court to be granted upon a showing that the
3information sought is reasonably calculated to lead to the
4discovery of admissible evidence to support or defeat a claim
5that is adequately pled in the application and, if taken as
6true, makes a colorable claim for relief; an applicant shall
7not be permitted to depose or otherwise conduct discovery
8involving a victim unless the applicant proves that the
9evidence is necessary to prove the applicant is innocent of the
10underlying public offense and all lesser included offenses,
11the information is not available from any other source, and
12contact with a victim is minimized by limitations on the
13method of discovery; the attorney-client privilege shall be
14absolute, except that the filing of an application waives any
15privilege the applicant may claim regarding an attorney who
16represented the applicant in the underlying criminal action
17or any previous postconviction relief action; evidence that
18would be excluded in a criminal action pursuant to Iowa rule
19of evidence 5.412 shall not be discoverable or admissible in a
20postconviction relief action; the state shall not be required
21to produce copies of discovery that was previously disclosed to
22an applicant in the underlying criminal action or a previous
23postconviction relief action or which was possessed by the
24applicant in the underlying criminal action or a previous
25postconviction relief action; the state shall not be required
26to produce any discovery contained in a court file accessible
27to the applicant; the state shall not be required to produce
28any discovery that cannot lawfully be disseminated or that is
29otherwise made confidential by law; and an applicant shall not
30be permitted to conduct discovery or seek the appointment of
31an expert witness through ex parte communication or in camera
32review.
33DIVISION VIII — CRIMINAL APPEALS. The bill provides
34that discretionary review for an appeal may be available
35for a sentence following a guilty plea if the defendant can
-13-1demonstrate to the appellate court that the district court more
2likely than not abused its discretion at sentencing, but does
3not apply in cases of a plea agreement, a mandatory sentence,
4or a sentence entered pursuant to a recommendation made by the
5defendant or the defendant’s attorney.
6The bill provides that an appellate court shall not vacate a
7criminal judgment on direct appeal based upon errors that were
8not preserved at the district court. This limitation includes
9but is not limited to the requirement that a specific motion
10for judgment of acquittal be made to preserve a challenge
11to the sufficiency of the evidence and the requirement that
12a specific motion in arrest of judgment be made in order to
13challenge a guilty plea.
14DIVISION IX — PRETRIAL BOND FOR CLASS “A” AND FORCIBLE
15FELONIES. The bill provides that for certain violent offenses,
16a court setting bond must give significant consideration
17to the danger a defendant poses to another person or the
18property of another if the defendant is not detained pending
19trial. When probable cause for an offense has been found
20by a magistrate, or the district court has found the minutes
21supporting an indictment or information to be sufficient, and
22after considering conditions for release under Code section
23811.2 (bail and bail restrictions) and making a finding on
24the record, the following shall be presumed to be the minimum
25pretrial bond amounts for each count charged notwithstanding
26any other provision of law: for a class “A” felony, a $500,000
27bond; for a class “B” forcible felony, a $25,000 bond; for a
28class “C” forcible felony, a $10,000 bond; and for a class “D”
29forcible felony, a $5,000 bond.
30The bill provides that the court shall require the execution
31of a bail bond with sufficient surety or the deposit of cash in
32lieu of bond.
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